Palm Springs City Council
January 28, 2026

FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in i nterstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.

All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.

REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compl iance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offer or certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on t he basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub- tier purchase orders containing the Equal Employment Opportunity clause.

Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60- 1. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 DocuSign Envelope ID: BAF47066-7554-4E06-B6F5-4DB02E425833

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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe pr oviding for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act) DocuSign Envelope ID: BAF47066-7554-4E06-B6F5-4DB02E425833

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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts o r agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non- profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program ( NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions

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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 DocuSign Envelope ID: BAF47066-7554-4E06-B6F5-4DB02E425833

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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against DocuSign Envelope ID: BAF47066-7554-4E06-B6F5-4DB02E425833

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U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
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FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

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ATTACHMENT D
AMENDMENT NO. 1 TO
CONCESSION AGREEMENT 23P069

WITH FUSE CONNECT, LLC

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AMENDMENT NO. 1 TO AGREEMENT NO. 23P069

CONCESSION AGREEMENT FOR AIRPORT DISPLAY ADVERTISING

BETWEEN THE CITY PALM SPRINGS AND FUSE CONNECT, LLC

1. Parties and Date.

This Amendment No. 1 to Agreement No. 23P069 is made and entered into as of November 9, 2023, by and between the City of Palm Springs (“ City”) and Fuse Connect, LLC ("Concessionaire"). City and Concessionaire are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Concessionaire have entered into Agreement No. 23P069 dated July 1, 2023 (“Agreement”) to develop and manage the display advertising Concession for the Palm Springs International Airport. Contract Term: July 1, 2023 to June 30, 2026.

2.2 Amendment No. 1. The City and Concessionaire desire to amend the Agreement to revise the scope of work to add an additional three months for the procurement and installation of the remaining advertising fixtures for the baggage claim hallway.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

23.3 of the Agreement.

3. Terms.

3.1 Exhibit “A” Scope of Work. Exhibit “A” Section 1.2 F is hereby revised to change the timing from four months to one year.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement, as previously amended, remain in full force and effect, and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of 







 












 


 

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which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]








 












 


 

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SIGNATURE PAGE TO AMENDMENT NO. 1 TO CONCESSION AGREEMENT NO. 23P069

BY AND BETWEEN THE CITY OF PALM SPRINGS AND FUSE CONNECT, LLC

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the dates stated below.

CONCESSIONAIRE:

By: _____________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000









 
















 


 




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CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE AIRPORT FIVE NEW MONITORING
WELLS, AIRPORT PROJECT PSP 26-043
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

The construction documents (Plans, Specifications, and Estimate) for this project have been prepared and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and work details and authorize the bid request for all public projects exceeding $220,000.

Approval of this item will allow staff to proceed with bidding of this capital project, with an estimated project cost of approximately $382,000.

RECOMMENDATION:

1. Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the Airport five New Monitoring Wells, (“the Project”).

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

On March 20, 2019 and pursuant to California Water Code Section 13267, the State of California Water Resources Control Board (Water Board) issued Board Order WO 2019- 0005-DWQ (Board Order) to 31 airports throughout the state of California requiring airport owners and operators to investigate and report on the presence of per- and polyfluoroalkyl (PFAS) chemicals on airport property. A copy of the Board Order is included as Attachment A.

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City Council Staff Report
January 28, 2026 -- Page 2
Approve PS&E and Authorization to Bid, Airport Project PSP 26-043 7 1
2 As described in the Board Order, PFAS is a family of more than 3,000 man-made and mostly unregulated chemicals that have been produced since the mid-1900s. These chemicals are manufactured globally and have been used in the production of a wide range of industrial and household products, and in Aqueous Firefighting Foams (AFFF).

Prior to 2019, the Federal Aviation Administration (FAA) required all airports to use AFFF for aircraft firefighting. The Water Board identified that the discharge of AFFF has the potential of contaminating the groundwater.

A requirement of the Board Order was for airports to prepare and submit a work plan for a preliminary site investigation of PFAS impacts to the Colorado River Regional Water Quality Control Board (the “Regional Board”). Staff coordinated with its on-call environmental consulting services firm RS&H California, Inc. (RS&H) to complete the required work plan for the Airport’s preliminary site investigation of PFAS impacts. On November 21, 2019, the Regional Board accepted the work plan to construct the original three monitoring wells at the Airport which are depicted in Figure 1 – Site Vicinity Map.

On June 5, 2024, the Regional Board requested a work plan for an additional assessment.

Staff continued to coordinate with its on-call environmental consulting services firm RS&H, and the supplemental site investigation work plan (supplemental work plan) was submitted to the Regional Board on August 30, 2024. The supplemental work plan included the drilling of five additional monitoring wells as depicted in Figures 1 and 2 - Site Vicinity Maps. On December 27, 2024, the Regional Board approved the supplemental work plan, see Attachment B. The approval of this item will allow the Airport to continue monitoring for PFAS.

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City Council Staff Report
January 28, 2026 -- Page 3
Approve PS&E and Authorization to Bid, Airport Project PSP 26-043 7 1
2 Figure 1 – Site Vicinity Map

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City Council Staff Report
January 28, 2026 -- Page 4
Approve PS&E and Authorization to Bid, Airport Project PSP 26-043 7 1
2 Figure 2 – Site Vicinity Map
STAFF ANALYSIS:

RS&H and staff have completed the preparation of the plans and specifications for the Project (see link to documents in Attachment C). The contract documents prepared by staff and the consultant have been reviewed and approved by the City’s Engineering Services working in coordination with the Aviation Department.

With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement program PlanetBids™ to allow the submission of bids electronically. The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be Posted: January, 29, 2026
Deadline for Receipt of Bids: February, 24, 2026
Contract Awarded by City Council: March, 25, 2026
Staff recommends that the City Council approve the contract documents and grant authority to formally bid the subject Project for construction.

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City Council Staff Report
January 28, 2026 -- Page 5
Approve PS&E and Authorization to Bid, Airport Project PSP 26-043 7 1
2 ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Airport New Monitoring Wells, Airport Project No. 26-043, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities, and also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Infrastructure.

FISCAL IMPACT:

The Project is estimated to cost $382,000. Sufficient funds are budgeted in Fiscal Year 2025-2026 in the Department of Aviation, Airport Capital Projects Account 4167065- 60015. Following the bidding process, the Project will be submitted to the City Council for approval. At that time, a detailed breakdown of the project costs, including construction, consultant services, and staff costs, will be presented for review and approval.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Board Order
B. Regional Board Approval of Supplemental Work Plan
C. Plans and Specifications

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ATTACHMENT A

BOARD ORDER

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14 ,.....

CAl.ll'OANIA
Water Boards
Colorado River Basin Regional Water Quality Control Board March 20, 2019
CERTIFIED MAIL: 7016 2140 0000 6901 4971
Thomas Nolan, Airport Manager
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
WATER CODE SECTION 13267 ORDER WQ 2019-0005-DWQ FOR THE

DETERMINATION OF THE PRESENCE OF PER-AND
POLYFLUOROALKYL SUBSTANCES AT Palm Springs, AIRPORT ID
PSP, Riverside County, T10000012782
The enclosed Order was issued pursuant to Water Code section 13267 by the State Water Resources Control Board (State Water Board) and requires that City of Palm Springs submit information to the Colorado River Basin Regional Water Quality Control Board (Regional Water Board).

Palm Springs 1 is identified as a facility that has accepted, stored, or used materials that may contain per-and polyfluoroalkyl substances (PFAS). Order WQ 2019-0005-DWQ requires you to submit technical reports to investigate PFAS impacts to your site as specified in the Order attachment. If you do not accept these materials, you may submit the completed questionnaire included in the Order.

If you have any questions regarding this Order, please contact Joan Stormo at (760) 776-8982 or by email at [email protected]. Additional questions can be sent via email to [email protected]. PFAS related State Water Board activities, information, and contact information can be found at http://waterboards.ca.gov/pfas.
���
Paula Rasmussen
Executive Officer
1 Facility names and owner are those listed on the U.S. Department of Transportation Federal Aviation Administration Airport Master Record (FAA FORM 5010-1) and were obtained from https://www.gcrl.com/5010WEB/. 73-7:?.0 Frnd V✓ann9 Or;vF-, Suit., 181 Palm 0�5\':rt, GA J2260 I www.waterboards.c1.1.9c.wf<.:o!orarJnr;ver

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15 Palm Springs - 2 -March 20, 2019
Enclosure: Order WQ 2019-0005-DWQ
cc (via email): Joan Stormo, Colorado River Basin Regional Water Board Patrick Magnotta, Airport Planning and Environment Division, Federal Aviation Administration
Anthony Butters, Airport Safety and Operations Division, Federal Aviation Administration

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16 State Water Resources Control Board
WATER CODE SECTION 13267 ORDER FOR THE DETERMINATION OF THE

PRESENCE OF PER-AND POL YFLUOROALKYL SUBSTANCES
ORDER WQ 2019-0005-DWQ
Pursuant to Water Code section 13267, The State Water Resources Control Board (State Water Board) requires you to submit information as described below. Failure to comply with this Order may subject you to civil liability of up to $5,000 per day for each day in which the violation occurs.

Your site is identified in Attachment 1 as a facility that has accepted, stored, or used materials that may contain per-and polyfluoroalkyl substances (PFAS). Therefore, you are required to submit the information in Attachment 2 to the appropriate Regional Water Quality Control Board (Regional Water Board) identified in the cover letter.

I. BACKGROUND
A. WHAT ARE PFAS?
PFAS is a family of more than 3,000 man-made and mostly unregulated chemicals that have been produced since the mid-1900s. They are mobile, persistent, and bioaccumulative. They are resistant to degradation in the environment and when degradation occurs, it often results in the formation of other PFAS compounds. The PFAS compounds have very different physical and chemical properties. Currently the key classes of concern are perfluoroalkyl sulfonic acids such as the long-chain, more commonly known PFAS, perfluorooctanesulfonate (PFOS) and perfluorooctanoic acid (PFOA).

PFAS are manufactured globally and have been used in the production of a wide range of industrial and household products. PFAS are found in many products such as dental floss, non-stick cookware, food packaging materials, non-stick products (e.g., Teflon™), waterproof and water repellant textiles, water repellant furniture, carpet, polishes, waxes, paints, cleaning products, medical garments, and fire-fighting foams (Aqueous Film-Forming Foams or AFFF). PFAS are used in the Aerospace, Automotive, Chemical, Electronics, Metal Coatings and Plating, and Textiles industries due to their friction-reducing characteristics. Potential firefighting sources of PFAS include airports

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17 ORDER WQ 2019-0005-DWQ -2-March 20, 2019
and aviation facilities, military bases and training centers, petroleum refineries and terminals, and petrochemical production facilities. Non-industrial PFAS sources include Waste Disposal Facilities, Wastewater Treatment Plant Operations, and Biosolids Application to Agriculture. Secondary sources of PFAS include waste streams such as landfills and wastewater treatment plants. More information on PFAS chemicals can be found at United States Environmental Protection Agency (U.S. EPA) website at:
https://www.epa.gov/pfas.

PFAS are extremely persistent in the environment and highly mobile in water. People are exposed to PFOS and PFOA through food, food packaging, consumer products, house dust, and drinking water. Since these chemicals have been used in an array of consumer products, scientists have found PFOA and PFOS in the blood of nearly all people tested. Exposure through drinking water has become an increasing concern due to the tendency of PFAS to accumulate in groundwater.

Based on the current available peer-reviewed studies on laboratory animals and epidemiological evidence in human populations, the U.S. EPA released the following statement:
"These studies indicate that exposure to PFOA and PFOS over certain levels may result in adverse health effects, including developmental effects to fetuses during pregnancy or to breastfed infants (e.g., low birth weight, accelerated puberty, skeletal variations), cancer (e.g., testicular, kidney), liver effects (e.g., tissue damage), immune effects (e.g., antibody production and immunity), thyroid effects and other effects (e.g., cholesterol changes)." Please see U.S. EPA Technical Note for more information:
https://www.epa.gov/sites/production/files/2017-
12/documents/ffrrofactsheet;_contaminants_pfos_pfoa_ 11-20-17 _508_0.pdf B. WHICH PFAS?
We are interested in all PFAS that exist in the environment. Due to analytical limitations, the focus of this order is on 39 PFAS analytes including PFOA and PFOS listed in Attachment 2. The PFAS analyte list is not exhaustive but is intended to serve as a minimum requirement for sampling pursuant to this Order. Some laboratories may be capable of analyzing additional PFAS that are not included on the list.

C. WHY IS THIS ACTIVITY REQUIRED?
The State Water Board and the Regional Water Boards are charged with the protection of the beneficial uses of water in California, including water used or intended for use as drinking water. If PFAS were used, or materials suspected of containing PFAS were disposed at your facility, technical reports are required to investigate the presence of PFAS. This is part of a statewide effort to determine whether the groundwater is impacted by PFAS and obtain a preliminary understanding of PFAS concentrations at facilities. The State Water Board intends to direct other dischargers identified as potential PFAS sources in the state to perform PFAS testing. The State Water Board and the Regional Water Boards will evaluate the data collected to make informed

G – Page 324 of 676

18 ORDER WQ 2019-0005-DWQ - 3 -March 20, 2019
decisions in implementing appropriate regulatory action, in anticipation of emerging regulatory standards for PFAS.

In May 2016, the United States Environmental Protection Agency (U.S. EPA) established Health Advisory Levels of 70 parts per trillion (ppt) (0.07 micrograms per liter (µg/L)) for PFOA and 70 ppt for PFOS. These concentrations are now considered a screening level. For more information on these advisories see U.S. EPA's website at:
https://www.epa.gov/ground-water-and-drinking-water/drinking-water-health-advisories­ pfoa-and-pfos.

Additionally, in July 2018, the State Water Board's Division of Drinking Water (DOW) issued drinking water notification levels for PFOS and PFOA at 13 ppt and 14 ppt, respectively, per recommendations from California's Office of Environmental Health Hazard Assessment (OEHHA). DOW requires a combined PFOS/PFOA response level of 70 ppt. More information on notification levels for PFAS compounds can be found at:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/PFOA_PFOS.html.

Water Code section 106.3 indicates it is the policy of the State of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This Order promotes that policy by directing investigations to determine the presence of PFAS in and near waters that could be used for drinking water purposes.

Additional justification supporting the need for the investigation is included in Attachment 2.

II. WATER CODE SECTION 13267 ORDER FOR TECHNICAL REPORTS Water Code section 13267(b), provides that "a regional board may require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region ... or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of water within its region shall furnish, under penalty of perjury, technical or monitoring reports which the regional board requires ... In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports and shall identify the evidence that supports requiring that person to provide the reports."
Water Code section 13267(f) authorizes the State Water Board to require this information if it consults with the Regional Water Boards and determines that it wiH not duplicate the efforts of the Regional Water Boards. The State Water Board has consulted with the Regional Water Boards and made this determination. The release of PFAS into the environment or the disposal of wastes containing PFAS constitutes a discharge of waste as defined in Water Code section 13050(d).

G – Page 325 of 676

19 ORDER WQ 2019-0005-DWQ -4-March 20, 2019
Pursuant to this authority, you are hereby ordered to submit technical reports identified in Attachment 2. Additional information regarding requirements for submitting technical reports under Section 13267 of the Water Code is included as Attachment 3.

Ill. COST AND BENEFIT OF TECHNICAL REPORTS
Water Code section 13267(b) specifies that the burden, including costs, of these reports must bear a reasonable relationship to the State Water Board's need for the reports and the benefits to be obtained from the reports.

The cost of the technical reports bears a reasonable relationship to the benefit to be gained because, in terms of public health and environmental harm, contamination of groundwater must be identified before corrective action can be taken, if appropriate.

IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The issuance of this Order is an action to protect the environment and is categorically exempt from the provisions of the California Environmental Quality Act pursuant to sections 15304 and 15308, Chapter 3, Title 14 of the California Code of Regulations.

V. PENAL TIES
Water Code section 13268 provides that failure to submit the required information by the specified compliance date, or falsifying any information provided therein, is a misdemeanor and may result in civil liability. Noncompliance may subject you to civil liability in the amount of up to $5,000 for each day of violation. Please be advised that compliance with this Order is not a substitute for compliance with other applicable laws.

Perjury Statement
Pursuant to Water Code section 13267(b)(1 ), the Water Board requires you to include the following perjury statement, signed by a duly authorized representative, in all reports submitted pursuant to this Order:
"I, [NAME], certify under penalty of law that this document and all attachments were prepared by me, or under my direction or supervision, and the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant civil penalties for submitting false information."
March 20, 2019
Date Eileen Sobeck
Executive Director

G – Page 326 of 676

20 ORDER
WQ
2019-0005-DWQ
- 5 -
March
20,
2019
ATTACHMENTS: Attachment
1 -
List
of
Facilities
Attachment
2 -
Technical
Report
Requirements
&
Questionnaire
Attachment
3 -
Fact
Sheet
-
Requirements
for
Submitting
Technical
Reports
under
Section
13267
of
the
Water
Code

G – Page 327 of 676

21 ORDER WQ 2019-0005-DWQ March 20, 2019
ATTACHMENT 1

LIST OF AIRPORT FACILITIES
CALIFORNIA WATER CODE SECTION 13267 ORDER FOR THE DETERMINATION OF THE PRESENCE OF PER-AND

POLYFLUOROALKYLSUBSTANCES
' '
FACILITY NAME1 / .i GEOTRACKER
' " -~~ - " ~-" '
PROPERTY ADDRESS OWNER1 ·
,,
• .\-,~,!,• . "' 'i ;,
.,
,, {AIRPORT ID) '
; • •r 1 GLOBAL ID ;:>-: ;
JACK MCNAMARA FIELD T10000012761 150 DALE RUPERT RD BORDER COAST REGIONAL ARPT AUTH (CEC) CRESCENT CITY, CA 95531 150 DALE RUPERT ROAD
CRESCENT CITY, CA 95531
CALIFORNIA REDWOOD COAST- T10000012762 3561 BOEING AVE. HUMBOLDT COUNTY HUMBOLDT COUNTY MCKINLEYVILLE, CA 95519 1106 SECOND ST
(ACV) EUREKA, CA 95501
CHARLES M SCHULZ - SONOMA T10000012763 2290 AIRPORT BLVD SONOMA COUNTY COUNTY SANTA ROSA, CA 95403 2290 AIRPORT BLVD
(STS) SANTA ROSA, CA 95403
METROPOLITAN OAKLAND INTL T10000012764 1 Airport Dr, PORT OF OAKLAND (OAK) OAKLAND, CA 94621 530 WATER ST.

OAKLAND, CA 94607
BUCHANAN FIELD T10000012765 550 SALLY RIDE DR. CONTRA COSTA COUNTY (CCR) CONCORD, CA 94520 550 SALLY RIDE DR.

CONCORD, CA 94520
SAN FRANCISCO INTL T10000012790 SAN FRANCISCO, CA 94128 CITY & COUNTY OF SAN FRANCISCO (SFO) PO BOX 8097
SAN FRANCISCO, CA 94128
NORMAN Y MINETA SAN JOSE T10000012766 1701 AIRPORT BLVD., SUITE CITY OF SAN JOSE INTL B-1130 200 E. SANTA CLARA STREET
(SJC) SAN JOSE, CA 95110-1206 SAN JOSE, CA 95113
MONTEREY RGNL T10000012767 200 FRED KANE DR., SUITE MONTEREY PENIN ARPT DIST (MRY) 200 200 FRED KANE DR., SUITE 200
MONTEREY, CA 93940 MONTEREY, CA 93940
SAN LUIS COUNTY RGNL T10000012768 975 AIRPORT DRIVE, SUITE 1 SAN LUIS OBISPO COUNTY (SBP) SAN LUIS OBISPO, CA 93401 COUNTY GOVERNMENT CENTER SAN LUIS OBISPO, CA 93408

G – Page 328 of 676

22 ORDER WQ 2019-0005-DWQ March 20, 2019
FACILITY NAME1 GEOTRACKER .
w
(AIRPORT ID) ." PROPERTY ADDRESS '
"t~
OWNER1' ~

GLOBAL ID
SANTA BARBARA MUNI T10000012769 601 FIRESTONE RD CITY OF SANTA BARBARA (SBA) GOLETA, CA 93117 CITY HALL
SANTA BARBARA, CA 93101
SANTA MARIA PUB/CAPT G ALLAN T10000012770 3217 TERMINAL DR SANTA MARIA PUBLIC ARPT DIST HANCOCK FLO SANTA MARIA, CA 93455 3217 TERMINAL DR
(SMX) SANTA MARIA, CA 93455
BOB HOPE T10000012771 2627 HOLLYWOOD WAY BURBANK-GLENDALE-PASADENA ARPT (BUR) BURBANK, CA 91505 2627 HOLLYWOOD WAY
BURBANK, CA 91505
LONG BEACH /DAUGHERTY FIELD/ T10000012772 4100 DONALD DOUGLAS DR CITY OF LONG BEACH (LGB) LONG BEACH, CA 90808 CITY HALL 333 W. OCEAN
LONG BEACH, CA 90802
LOS ANGELES INTL T10000012773 ONE WORLD WAY CITY OF LOS ANGELES (LAX) LOS ANGELES, CA 90009 1 WORLD WAY BOX 92216
LOS ANGELES, CA 90009-2216
OXNARD T10000012774 2889 W 5TH ST COUNTY OF VENTURA
(OXR) OXNARD, CA 93030 555 AIRPORT WAY
CAMARILLO, CA 93010
CHICO MUNI T10000012788 150 Airpark Blvd CITY OF CHICO
(CIC) CHICO, CA 95927 PO BOX 3420
CHICO, CA 95927
FRESNO YOSEMITE INTL T10000012775 4995 E CLINTON WAY CITY OF FRESNO (FAT) FRESNO, CA 93727 4995 E CLINTON WAY
FRESNO, CA 93727
MEADOWS FIELD T10000012776 3701 WINGS WAY, #300 COUNTY OF KERN (BFL) BAKERSFIELD, CA 93308 DEPT OF ARPTS, 3701 WINGS WAY, #300, 3701 WINGS WAY, SUITE 300
BAKERS Fl ELD, CA 93308
SACRAMENTO INTL T10000012777 6900 AIRPORT BLVD COUNTY OF SACRAMENTO (SMF) SACRAMENTO, CA 95837 6900 AIRPORT BLVD
SACRAMENTO, CA 95837

G – Page 329 of 676

23 ORDER WQ 2019-0005-DWQ

REDDING MUNI
(RDD)

MAMMOTH YOSEMITE
(MMH)

SOUTHERN CALIFORNIA

LOGISTICS
(VCV)

IMPERIAL COUNTY
(IPL)

PALM SPRINGS INTL
(PSP)

MCCLELLAN-PALOMAR
(CRQ)

SAN DIEGO INTL
(SAN)

PROPERTY ADDRESS ,
5000 S. AIRPORT WAY
ROOM 202
STOCKTON, CA 95206
T10000012779 I REDDING MUNI AIRPORT,
6751 WOODRUM CIRCLE
SUITE 200
REDDING, CA 96002
T10000012789 I 1300 Airport Road

MAMMOTH LAKES, CA
93546
T10000012780 I 18374 PHANTOM WEST
VICTORVILLE, CA 92394
T10000012781 I 1099 AIRPORT ROAD
IMPERIAL, CA 92251
T10000012782 I 3400 E. TAHQUITZ-CANYON

WAY, SUITE OFC
PALM SPRINGS, CA 92262
T10000012786 I 2192 PALOMAR AIRPORT
ROAD
CARLSBAD, CA 92011-4409
T10000012787 I 3225 N HARBOR DRIVE
SAN DIEGO, CA 92101-1022
OWNER1

COUNTY OF SAN JOAQUIN
5000 S AIRPORT WAY
STOCKTON, CA 95206

CITY OF REDDING

AIRPORTS DIVISION,
6751 WOODRUM CIRCLE, #200
REDDING, CA 96002-6071

TOWN OF MAMMOTH LAKES
1300 AIRPORT ROAD
MAMMOTH LAKES, CA 93546
760-934-3813

SOUTHERN CA LOGISTICS ARPT AUTH
18374 PHANTOM
VICTORVILLE, CA 92394

IMPERIAL COUNTY
1099 AIRPORT ROAD
IMPERIAL, CA 92251

CITY OF PALM SPRINGS
3400 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262

COUNTY OF SAN DIEGO
1960 JOE CROSSON DRIVE
EL CAJON, CA 92020-1235

SAN DIEGO CNTY REG ARPT AUTHORITY
3225 N HARBOR DRIVE
SAN DIEGO, CA 92101-1022
March 20, 2019
1 Facility name and owner are those listed on the U.S. Department of Transportation Federal Aviation Administration Airport Master Record (FAA FORM 5010-1) and were obtained from https://www.gcrl.com/S010WEB/.

G – Page 330 of 676

24 ORDER WQ 2019-0005-DWQ March 20, 2019
ATTACHMENT 2

TECHNICAL REPORT REQUIREMENTS AND QUESTIONNAIRE
FOR

AIRPORTS
WATER CODE SECTION 13267 ORDER FOR THE DETERMINATION OF THE

PRESENCE OF PER-AND POL YFLUOROALKYL SUBSTANCES
Contents:

A. Justification for the Need for Technical Reports
B. Technical Report Requirements
C. Airport Operator Questionnaire
A. JUSTIFICATION FOR THE NEED FOR TECHNICAL REPORTS
As indicated by the Federal Aviation Administration (FAA)1, all Title 14, Code of Federal Regulations, Part 139 certified airports are required to provide aircraft rescue and firefighting services. Your facility has been ·certified by the FAA to use AFFF compounds. If AFFF or other PFAS compounds were disposed of, discharged to, spilled, or released in any way to lands of your facility, a work plan is required for the preliminary investigation of soil and groundwater impacts (Section B). The State Water Board seeks to determine whether the groundwater and/or soil at your location is impacted by PFAS and obtain a preliminary understanding of PFAS concentrations in the soil and/or groundwater at your facility.

The State Water Board intends to direct other dischargers identified as potential PFAS sources in the state to perform PFAS testing. The State Water Board and the Regional Water Boards will evaluate the data collected to make informed decisions in implementing appropriate regulatory action, in anticipation of emerging regulatory standards for PFAS.

B. TECHNICAL REPORT REQUIREMENTS
Work Plan
You are required to submit a work plan for a one-time preliminary site investigation of PFAS impacts at your facility to the Regional Water Board specified in the Order cover letter no later than 60 days following the date of this Order. This attachment provides specific requirements to include in the technical report. 1 https://www. faa.qov/airports/airport safety/part139 certi - 1 -

G – Page 331 of 676

25 ORDER
WQ
2019-0005-DWQ
March
20,
2019
At
a
minimum,
provide
the
following
in
your
work
plan:

1. A
site
map
with
sample
locations,
PFAS
material
storage
and
use
areas,
probable
release
areas
including
firefighting
training
areas,
crash
sites,
and
spills
from
handling.

2. Identify
sensitive
receptors
such
as
municipal
supply
wells,
domestic
wells,
and/or
surface
water
bodies
within
a
one-mile
radius
of
a
suspected
source
area
.

3. Proposed
surface
and
subsurface
soil
sampling
locations
to
delineate
surficial
and
vertical
extent
of
impacts
where
PFAS
were
applied
to
land.

4. Proposed
representative
groundwater
sample
locations
in
proximity
to
a
suspected
source
area.

Existing
monitoring
wells
for
your
facility
may
be
used
if located
in
proximity
to
PFAS
source(s)
and
groundwater
samples
would
be
representative
of
groundwater
conditions.

If
groundwater
gradient
is
unknown,
at
a
minimum,
three
groundwater
samples
must
be
collected
around
the
source
area.

5. Sampling
and
Analysis
Plan
for
compounds
and
parameters
specified
in
Tables
1 and
2 that
includes
quality
assurance
and
quality
control
procedures
necessary
to
ensure
valid
and
representative
data
is
obtained
and
reported.

Specify
the
appropriate
sampling
procedures,
including
sampling
equipment,
sampling
containers,
the
quality
of
water
used
for
blank
preparation
and
equipment
decontamination,
sample
holding
times,
and
quantities
for
sampling
PFAS
compounds.

To
minimize
contamination,
all
sampling
materials,
equipment,
blanks,
containers,
and
equipment
decontamination
reagents
must
be
PFAS­
free,
to
the
maximum
extent
practicable.

Additional
guidance
for
preventing
sample
contamination
can
be
found
at:
https://www.waterboards.ca.gov/water_issues/programs/pfas/.

6. Reporting
limits
for
PFAS.

7. Signature,
stamp,
and
contact
information
for
the
California-licensed
Professional
Geologist
or
Professional
Engineer
acting
in
responsible
charge
for
the
content
of
the
Work
Plan.

Final
Report
A
final
sampling
and
analysis
report,
including
at
least
the
following
information,
must
be
submitted
no
later
than
90 days
following
the
State
or
Regional
Water
Board
acceptance
of
the
Work
Plan:
a)
A
description
of
the
sampling
activities;
b)
A
summary
table
of
analytical
results;
- 2 -

G – Page 332 of 676

26 ORDER WQ 2019-0005-DWQ March 20, 2019
c) A copy of the Chain of Custody;
d) A copy of the field sampling log;
e) A copy of boring logs and any temporary/permanent monitoring well construction details
f) A copy of the site map showing the sampling/monitoring locations; and g) A copy of laboratory analytical results of the monitored media.

Questionnaire
If you 1) have not discharged, disposed of, spilled, or released in any way, AFFF or other PFAS containing materials to land at your facility, or 2) have already conducted sampling for these constituents in compliance with the minimum work plan requirements listed-below, please complete the questionnaire (Section C) with relevant information supporting your response and return to the Regional Water Board specified in the Order cover letter no later than 30 days following the date of this Order.

Report Submittal
Reports must be submitted in a searchable electronic format, with transmittal letter, text, tables, figures, laboratory analytical data, and appendices in Portable Document Format (PDF) format (one PDF for the entire report) as well as in electronic data deliverable (EDD) format. The Questionnaire, Work Plan, Final Report, and Analytical Reports and EDD must be uploaded into Geo Tracker via the Electronic Submittal of Information (ESI) Portal, as stipulated by California State law. GeoTracker ESI guidance, general information and Help Desk assistance can be on the ESI homepage at:
https://www.waterboards.ca.gov/water_issues/programs/ust/electronic_submittal/ The analytical laboratory must be accredited by the California Environmental Laboratory Accreditation Program (ELAP) to perform the analytical method for PFAS compliant with Department of Defense (DoD) Table B-15 of Quality Systems Manual (QSM). dated 2017, version 5.1 or later. The laboratory must have the capacity to quantify the target PFAS analytes listed in Table 1, and must be capable of achieving the quality control/quality assurance requirements specified in Table B-15 of the DoD QSM, version 5.1 or later. DoD's QSM version 5.1 can be found at:
https://www.denix.osd.mil/edqw/documents/documents/qsm-version-5-1-final/ as well as on the State Water Board's PFAS informational website:
https://www.waterboards.ca.gov/water_issues/programs/pfas/. A list of laboratories that are accredited by ELAP can be found on the State Water Board ELAP webpage:
https://www.waterboards.ca.gov/drinking_water/certlic/labs/. For the general parameters listed in Table 2, the method of analysis shall be appropriate for the expected concentrations.
- 3 -

G – Page 333 of 676

27 ORDER WQ 2019-0005-DWQ March 20, 2019
TABLE 1. PFAS Analytes Subject to Analysis
Chemical Name Abbreviation Chemical Abstracts
Service (CAS) No.
2,3, 3, 3-Tetrafluoro-2-(heotafluorooroooxv)orooanoic acid HFPO-DA 13252-13~* 10:2 Fluorotelomer sulfonic acid 10:2 FTS ,120226-60-0* ,
,.
2,3,3,3-tetrafluoro-2-(1, 1,2,2,3,3,3-heptafluoropropoxy) propanoic Acid HFPA-Dk 13252-13-6 * , 'Perfluorooctadecanoic acid PFOcDA 16517-t1-6*
, N-Ethyl perfluorooctane sulfonamidoethanol
,·-:-
EtFOSE •'1691,;.9~-2*
T' -;~
Perfluorooctane sulfonic acid PFOS 1763-23-1
Perfluoroundecanoic acid PFUnDA 2058-94-8
N-Methyl perfluorooctane sulfonamidoacetic acid NMeFOSAA 2355-31-9 N-Methyl per:fluorooctane sulfonamidoethanol MeFOSE 24448-09-7* Perfluoropentanoiic Acid PFPeA 2706-90-3
Perfluoropentane sulfonoic acid PFPeS 2706-91-4
6:2 Fluorotelomer sulfonic acid 6:2 FTS 27619-97-2
N-Ethyl perfluorooctane sulfonamidoacetic acid NEtFOSAA 2991-50-6 Perfluorohexano(c acid PFHxA 307-24-4

1.0Perfluorododecanoic acid PFDoDA 307-55-1
N-Methyl perfluorooctane sulfonamide MeFOSA 31506-32-8* ) Perfluorooctanoic acid PFOA 335-67-1
Perfluorodecanoic acid PFDA 335-76-2
Perfluorodecane sulfonic acid PFDS 335-77-3
4,4,5,5,6,6,6-Heptafluorohexanoic Acid 3:3 FTCA 356-02-5* .. ',,
Perfluorohexane sulfonic acid PFHxS 355-46-4
Perfluorobutanoic acid PFBA 375-22-4
Perfluorobutane sulfonic acid PFBS 375-73-5
Perfluoroheptanoic acid PFHpA 375-85-9
Perfluoroheptane sulfonic acid PFHpS 375-92-8
Perfluorononanoic acid PFNA 375-95-1
Perfluorotetradecanoic acid PFTeDA 376-06-7
2H,2H;3H,3H-Perfluorodecanoic acid 7:3 FTCA 812-70-4*
8:2 Fluorotelomer sulfonic acid 8:2 FTS 39108-34-4
N-Ethyf perfluorooctane su'lfonamide ' -EtFOSA 4151-50-2* " Perfluorononane sulfonic acid PFNS 47 45·11-07-4 *
«
Perfluorohexadecanoic acid PFHxDA 67905-19-5*
~ -
Perfluorotridecanoic acid PFTrDA 72629-94-8
Perfluorooctanesulfonamide FOSA 754-91-6
4:2 Fluorotelomer sulfonic acid 4:2 FTS 757124-72-4
Perfluoro(2-((6-chlorohexvl)oxvlethanesulfonic acid) 9CI-PF30NS 756426-58-1 * 2-[(8-Chloro~1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8-hexadecafluorooctyl)oxy]-11CI-763051-92-9* 1, 1,2,2-tetrafluoroethanesulfonic' acid PF3OUdS
.2H,2H,3H,3H-Perfluorooctanoic'Acid (CAS 914637-49-3)
' '-!
5:3 FTCA 914637-49-3*
l,8-Dioxa~3H-oerfluorononanoic acid Adona 919005-14-4*
Note: Only the 23 analytes without the asterisk (*) are required to be analyzed as part of this Order. The analytes with the asterisk(*) are included in some but not all lists provided by accredited laboratories and are encouraged to be analyzed as part of this effort.
-4-

G – Page 334 of 676

28 ORDER
WQ
2019-0005-DWQ
March
20,
2019
TABLE
2 Field
Parameters
and
General
Chemistry
for
Groundwater
Parameter
Units
Field
Parameters
Depth
to
Groundwater
Feet,
bgs
Temperature
Degrees
C
Electrical
Conductivity
µmhos/cm
pH
units
Turbidity
NTU
General
Chemistry
Total
Dissolved
Solids
mg/L
Chloride
mg/L
Carbonate
mg/L
Bicarbonate
mg/L
Nitrate-Nitrogen
mg/L
Sulfate
mg/L
Calcium
mg/L
Magnesium
mg/L
Potassium
mg/L
Sodium
mg/L
Notes: bgs
-
below
ground
surface
C -
Celsius
mg/L
-
milligrams
NTU
-
nephelometric
turbidity
units
µmhos/cm
-
micromhos
per
centimeter
- 5 -

G – Page 335 of 676

29 ORDER
WQ
2019-0005-DWQ
March
20,
2019
C.

AIRPORT

OPERATOR

QUESTIONNAIRE
Operator/Principal
Name:

I
Title:

I
Name
of
Facility:

Facility's
Address:

City/County/State/Zip: Phone
Number:

I
Fax:

I
Email
Address:

PER-AND
PO~
Y-FL,UOROA[KYL

SUBSTANCES
(PFAS)
• CONSTITUENT

SCREENING
,
'"
'
'
'' '
,,,
'
'
'
t
"'

1. Have
PFAS,
including
fire-fighting
foams
(i.e.

Aqueous
Film-Forming
Foam
DYES

NO
[AFFF]),
or
any
other
PFAS
compounds
been
used
or
stored
at
your
facility?
If
yes,
please
attach
additional
sheets
to
describe
where
they
were/are
stored,
handling
processes
utilized,
and
how
long
you
have
used/stored
those
PFAS
at
your
facility.

2. Have
PFAS
been
discharged,
spilled,
disposed
of,
released
in
any
way,
or
applied
DYES

NO
to
land
at
your
facility?

3. If
PFAS
were
discharged,
spilled,
disposed
of,
released
in
any
way,
or
applied
to
DYES

NO
land
at
your
facility,
have
any
investigations
to
identify
the
impacts
of
PFAS
to
soil
and
groundwater
been
conducted
at
your
facility?
If
yes,
please
attach
additional
sheets
to
describe
where
and
when
PFAS
were
discharged,
spilled,
disposed
of,
released
in
any
way,
or
applied
to
land,
the
quantity,
the
method
of
analysis,
a
summary
table
of
analytical
results,
as
well
as
the
laboratorv
analvtical
reoort.
-CERTIFICATION
-
-
,,_
-,_
.. ,,
,,,
""
,.
'
><
'
t
-.

This
form
is
only
required
to
be
completed
if
your
facility
did
not
discharge,
spill,
dispose,
release
in
any
way,
or
apply
PFAS
compounds
to
land,
or
you
have
already
conducted
sampling
for
PFAS
compounds.

This
form
and
supporting
documentation
must
be
provided
to
the
appropriate
Regional
Water
Board
and
uploaded
to
GeoTracker
by
the
date
specified
in
the
Order.

I,
, certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
by
me,
or
under
my
direction
or
supervision,
and
the
information
submitted
is,
to
the
best
of
my
knowledge
and
belief,
true,
accurate,
and
complete.

I am
aware
that
there
are
significant
civil
penalties
for
submitting
false
information.

Signature: Title: Date:
- 6 -

G – Page 336 of 676

30 State
Water
Resources
Control
Board

ATTACHMENT
3 Fact
Sheet
-
Requirements
for
Submitting
Technical
Reports
Under
Section
13267
of
the
Water
Code
What
does
it
mean
when
the
Regional
Water
Board
or
the
State
Water
Board
(jointly
referred
to
as
the
Water
Boards)
require
a
technical
report?
Section
13267
1 of
the
Water
Code
provides
that"
...
the
regional
board
may
require
that
any
person
who
has
discharged,
discharges,
or
who
is
suspected
of
having
discharged
or
discharging,
or
who
proposes
to
discharge
waste
.. .that
could
affect
the
quality
of
waters
...
shall
furnish,
under
penalty
of
perjury,
technical
or
monitoring
program
reports
which
the
regional
board
requires."
Additionally,
the
state
water
board
may
carry
out
the
authority
granted
to
a
regional
board
pursuant
to
Section
13267
if,
after
consulting
with
the
regional
board,
the
state
board
determines
that
it will
not
duplicate
the
efforts
of
the
regional
board.

This
requirement
for
a
technical
report
seems
to
mean
that
I am
guilty
of
something,
or
at
least
responsible
for
cleaning
something
up.

What
if
that
is
not
so?
The
requirement
for
a
technical
report
is
a
tool
the
Water
Boards
use
to
investigate
water
quality
issues
or
problems.

The
information
provided
can
be
used
by
the
Regional
Water
Board
to
clarify
whether
a
given
party
has
responsibility.

Are
there
limits
to
what
the
Water
Boards
can
ask
for? Yes.

The
information
required
must
relate
to
an
actual
or
suspected
or
proposed
discharge
of
waste
(including
discharges
of
waste
where
the
initial
discharge
occurred
many
years
ago),
and
the
burden
of
compliance
must
bear
a
reasonable
relationship
to
the
need
for
the
report
and
the
benefits obtained.

The
Water
Boards
are
required
to
explain
the
reasons
for
its
request.

What
if
I can
provide
the
information,
but
not
by
the
date
specified?
A
time
extension
may
be
given
for
good
cause.

Your
request
should
be
promptly
submitted
in
writing,
giving
reasons. Are
there
penalties
if
I don't
comply?
Depending
on
the
situation,
the
Water
Boards
can
impose
a
fine
of
up
to
$5,000
per
day,
and
a
court
can
impose
fines
of
up
to
$25,000
per
day
as
well
as
criminal
penalties.

A
person
who
submits
false
information
or
fails
to
comply
with
a
requirement
to
submit
a
technical
report
may
be
found
guilty
of
a
misdemeanor.

For
some
reports,
submission
of
false
information
may
be
a
felony.

Do
I have
to
use
a
consultant
or
attorney
to
comply? There
is no
legal
requirement
for
this,
but
as
a
practical
matter,
in
most
cases the
specialized
nature
of
the
information
required
makes
use
of
a
consultant
and/or
attorney
advisable.

If
I have
more
questions, whom
do
I ask?
Requirements
for
technical
reports
include
the
name,
telephone
number,
and
email
address
of
the
Regional
Water
Board
staff
contact.
1 All code
sections
referenced
herein
can
be
found
by
going
to
www
.leginfo.legislature.ca.gov.

E.

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OAOUIN
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ai
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. S11crnmt1nt-o
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(Vl:li:?.-0100
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www
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;it~rt,oards
.ca.gov

G – Page 337 of 676

ATTACHMENT B

REGIONAL BOARD APPROVALOF

SUPPLEMENTAL WORK PLAN

G – Page 338 of 676

Water Boards
Colorado River Basin Regional Water Quality Control Board December 27, 2024
Mr. Joel Montalvo, MPA, PE
City Engineer
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
-R-E�C�E�IVfliiE�tJ
QEC Q 7 Lu:.)
By• /1, A: .. +•••••··••"•••·• •... ttf�
SUBJECT: REVIEW OF SUPPLEMENTAL SITE INVESTIGATION WORK PLAN -

PER- AND POL YFLUOROALKYL SUBSTANCES GROUNDWATER

MONITORING, TESTING AND ANALYSIS PURSUANT TO CALIFORNIA WATER CODE SECTION 13267, AMENDMENT TO INVESTIGATIVE
ORDER WQ 2019-005-DWQ; FOR PALM SPRINGS AIRPORT
SITE: PALM SPRINGS INTERNATIONAL AIRPORT, PALM SPRINGS,

RIVERSIDE COUNTY, CALIFORNIA
GEOTRACKER GLOBAL I.D. NO. 10000012782
Dear Mr. Montalvo,
The California Regional Water Quality Control Board, Colorado River Basin Region (Regional Water Board) has reviewed the Supplemental Site Investigation Work Plan (Work Plan) prepared by RS&H California, Inc. (RS&H) on behalf of the City of Palm Springs (City}.

The City owns and operates the Palm Springs International Airport (PSP) located at 3400 East Tahquitz Canyon Way, in Palm Springs, California (Site - Figure 1 }. The Work Plan was prepared to delineate the extent of per- and polyfluoroalkyl substances (PFAS) in soil and groundwater at the Site.

On May 18, 2022, the United States Environmental Protection Agency (EPA) added five PFAS chemicals to the Regional Screening Level (RSL) list to help determine if response or remediation activities are needed. These PFAS chemicals were perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), Perfluorononanoic acid (PFNA}, Perfluorohexanesulfonic acid (PFHxS), and hexafluoropropylene oxide dimer acid (HFPO­ DA also known as "GenX Chemicals"). Since then, additional PFAS chemicals have been added to the RSL list.

PETER SATIN, CHAIR I MICHAEL PLACENCIA, EXECUTIVE OFFICER 73-720 Fred Waring Orin, Suite 100, Palm Desert, CA 92260 I www.waterboards.ca.gov/coloradorlver

G – Page 339 of 676

G – Page 340 of 676

G – Page 341 of 676

G – Page 342 of 676

G – Page 343 of 676

G – Page 344 of 676

G – Page 345 of 676

G – Page 346 of 676

G – Page 347 of 676

G – Page 348 of 676

ATTACHMENT C
(Plans and Specifications)

G – Page 349 of 676

CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO ZECO, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $6,490,150.31;

APPROVAL OF A TASK ORDER UNDER AN ON-CALL AGREEMENT

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
WITH DUDEK & ASSOCIATES, INC. IN THE AMOUNT OF $399,450;

APPROVAL OF A TASK ORDER UNDER AN ON-CALL AGREEMENT

FOR COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION
WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN THE AMOUNT OF $24,200; AND APPROVE A CULTURAL MONITORING

AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS FOR A NOT-TO-EXCEED AMOUNT OF $50,000, FOR THE
DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT 21-16
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:

Upon awarding this contract, and approval of the task orders and agreement, the City will be authorized to proceed with the construction of the Demuth Park Development, City Project 21-16.

RECOMMENDATION:

1. Award a construction contract to Zeco, Inc., in the amount of $6,490,150.31 for the Demuth Park Development Project, City Project No. 21-16 (“the Project”);

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $600,000 with all change orders reported and filed to the City Council;

3. Authorize the City Manager to approve a task order for project management and inspection services with Dudek & Associates, in an amount of $399,450;

4. Authorize the City Manager to approve a task order for Community Workforce Agreement administration services from an on-call CWA firm, TSG Enterprises, Inc., The Solis Group, in an amount of $24,200;

H – Page 350 of 676

City Council Staff Report
January 28, 2026 -- Page 2
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 5. Authorize the City Manager to enter into an agreement with the Agua Caliente Band of Cahuilla Indians for Cultural Monitoring for a not to exceed amount of $50,000, once the language in the final agreement is approved by the City Attorney; and

6. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure forms for Zeco, Inc. (Zeco), Dudek & Associates (Dudek), and The Solis Group (TSG) are included as Attachment A.

BACKGROUND:

Demuth Park is a highly utilized public park located at 3601 E. Mesquite Avenue, Palm Springs, with various recreational amenities including a community center, playgrounds, restrooms, athletic courts and fields, picnic areas, parking lot areas, and two temporary dog park areas.

The City of Palm Springs is proposing to make a series of site improvements to enhance Demuth Park for the community, improving its function and overall usability. The Project improvements include design of a permanent large dog park with ADA parking spaces, a small dog park, conversion of an existing 2.2-acre dirt lot into a 165-stall paved parking lot with drainage improvements, pavement of the Community Center parking lot, pavement and drainage repairs at the Little League parking lots, installation of ADA drinking fountains, and sidewalk and pathway restoration.

On August 16, 2022, the Parks & Recreation Department received notification that the City was awarded a Land and Water Conservation Fund (LWCF) grant to assist in the construction of the two Demuth dog parks and parking area components of the Project in the amount of $1,650,250. Grant requirements state that the City of Palm Springs must match the grant amount. The City has also allocated funding from Measure J for a new 5-stall unisex restroom, sidewalk restoration to meet ADA requirements, and replacement of drinking fountains to ADA requirements.

On July 5, 2023, Procurement and Contracting Staff issued a Request for Proposals (RFP) for Professional Design Services to solicit proposals from qualified engineering firms who specialize in these types of services. Kimley-Horn and Associates, Inc. (Kimley- Horn) was deemed qualified to complete the work and a Professional Services Agreement was awarded by City Council. Shortly thereafter, design work commenced and was ultimately completed by the end of October 2025. The Project site vicinity map is shown as Figure 1.

H – Page 351 of 676

City Council Staff Report
January 28, 2026 -- Page 3
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 Figure 1
Bid Schedule Breakdown
The Project was broken down into three (3) different bid schedules with each schedule combining similar scopes of work. The Project was broken up this way in the event Staff needed to cut the scope of work down so that the Project stayed within budget and within the grant requirements. In general, the following scope of work per Bid Schedule is comprised of:
A – Dog parks and accommodating parking lot installations. B – New restroom building and drinking fountain installations. C – Existing parking lot drainage repairs.

Bid Schedule A is the basis for the award of the project.

STAFF ANALYSIS:

On December 22, 2025, the Engineering Services Department received the following seven (7) construction bids as shown in Table 1, with Bid Schedule A being the basis of award due to the LWCF Grant:

H – Page 352 of 676

City Council Staff Report
January 28, 2026 -- Page 4
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 Table 1 – Basis of Award Results
No Company Location Bid Amount
1 Zeco, Inc. Yorba Linda, CA $4,550,034.61
2 Ramirez Company Azusa, CA $4,741,960.89
3 MBD General Engineering, Inc. San Diego, CA $4,852,516.00 4 Deark E&C, Inc. Fullerton, CA $4,906,001.00
5 Nationwide Contracting Services Huntington Beach, CA $4,942,729.00 6 PUB Construction Inc. Diamond Bar, CA $5,690,273.86
7 Woodcliff Corporation Los Angeles, CA $7,439,979.00
The lowest responsive bid was provided by Zeco, Inc. (Zeco) in the amount of $4,550,034.61. Since there are sufficient funds in the Project account, Bid Schedules B & C will also be included, for a total award amount of $6,490,150.31.

Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City Clerk. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts into which they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.

Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose workforce resides within the Coachella Valley. Zeco is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis
The bid documents submitted were reviewed and it was determined that Zeco complied with the instructions to bidders and submitted the lowest responsive and responsible bid at $6,490,150.31. Staff recommends the City Council award a construction contract to Zeco. The proposed agreement is included as Attachment B and Construction Bid Documents are included as Attachment C.

Construction Management Services
Staff requested a proposal for Construction Management (CM) and Inspection services to one of their on-call CM firms. The on-call CM Firm RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services required by the City. Dudek provided a proposal in

H – Page 353 of 676

City Council Staff Report
January 28, 2026 -- Page 4
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 H – Page 354 of 676

City Council Staff Report
January 28, 2026 -- Page 5
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 the amount of $399,450. Staff recommends the City Council approve a task order under On-Call Agreement 25Q158 with Dudek, Inc., not to exceed $399,450.

Community Workforce Agreement Administration
Staff requested a proposal from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., dba The Solis Group (“TSG”). Staff recommends the City Council approve a task order under On-Call Agreement 23P041 with TSG not to exceed $24,200.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301(c) “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Demuth Park Development Project, City Project 21-16, is considered categorically exempt from CEQA and a Notice of Exemption has been filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

The total budget available for this Project is $8,258,959, which is comprised of a Grant, Measure J Funds, Capital Funds, and Quimby Funds. There is sufficient funding available to award a construction contract, both task orders, a tribal monitoring agreement, and contingency for a project total amount of $7,563,800.31.

REVIEWED BY:

City Engineer: Joel Montalvo
Director of Parks & Recreation: Nicholas S. Gonzalez
Director of Finance & Treasurer: Kristopher Mooney
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles

H – Page 355 of 676

City Council Staff Report
January 28, 2026 -- Page 5
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 H – Page 356 of 676

City Council Staff Report
January 28, 2026 -- Page 6
Construction Award for Demuth Park Development, City Project 21-16 7 1
4 ATTACHMENTS:

A. Public Integrity Disclosure
B. Construction Agreement
C. Contractors Bid Documents

H – Page 357 of 676

Attachment A
Public Integrity Disclosure

H – Page 358 of 676

H – Page 359 of 676

H – Page 360 of 676

H – Page 361 of 676

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other
than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please iden tify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other _____________ ______________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Othe r __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 1L - Page 6

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7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50% , A BC COM
PANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owne r/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inve stor] [p ercentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]

I D ECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1L - Page 7

H – Page 366 of 676

City of
Palm Springs, CA.

Busine ss
Disclosure Supplementary Instructions
In an effor
t to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary i nstructions to clearly identif y th e required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business e ntities as i ts members or having a financial interest, all other such bu siness entities must also be disclosed, including those e ntities other business entities, if any.

Ult imat el
y, th e City’s disclosure document (at tached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities (and any other bus iness entities comprising your business entity).

As an exam
ple, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which i s ow ned 50% by Acme Brot hers, LLC, a Cal ifornia limited liabilit y comp any, and John Doe (25% inte rest) and Jill Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability comp any, w hich is ma naged by George Doe, with G eorge Doe and Jane Doe having 50% interest each.

The ful
l business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brot
hers, LLC, a California limited liability company
ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1L - Page 8

H – Page 367 of 676

Attachment B

Construction Agreement

H – Page 368 of 676

PART VI – AGREEMENT DOCUMENTS

CITY OF PALM SPRINGS

ENGINEERING SERVICES DEPARTMENT

PART VI –

AGREEMENT DOCUMENTS
(FOR REFERENCE ONLY – USED FOR AWARD)

DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16

• Agreement Form
• Worker's Compensation Certificate
• Performance Bond
• Payment Bond
• Warranty Bond
• Original Copy of Bid Bond Form (must match electronic copy)

H – Page 369 of 676

DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 2

CONSTRUCTION AGREEMENT [***INSERT CONTRACT NUMBER***]
ZECO, INC.

THIS AGREEMENT made this [***INSERT DAY***] day of [***INSERT MONTH***], 2026 (“Effective Date”) by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and ZECO, INC. a CALIFORNIA CORPORATION, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

DEMUTH PARK DEVELOPMENT

The work comprises of grading and construction of large dog park with ADA parking spaces, a small dog park, conversion of an existing 2.2-acre dirt lot into a 165-stall paved parking lot with drainage improvements, repaving of the Community Center parking lot, repaving and drainage repairs at the Little League parking lots, installation of ADA drinking fountains, and sidewalk and pathway restoration

2. COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within 160 working days.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein.

The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

3. CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is SIX MILLION FOUR HUNDRED NINTY THOUSAND ONE HUNDRED FIFTY DOLLARS AND 31 CENTS ( $6,490,150.31). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the

H – Page 370 of 676

DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 3
Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

4. CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 1, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

5. MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

6. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

7. NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier.

Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

8. INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

9. PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

10. CONFLICT OF INTEREST

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PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 4
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

11. NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

12 MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

Project Labor Agreement
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through

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DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 5
the Letter of Assent (a form of which is attached to the PLA as "Exhibit B" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first. • Subcontractors - Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, wh o furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. • Condition of Payment - Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.
• Reformation - Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction. • Conflicts - In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.
• Costs of Compliance - Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.
• Not a Limitation - The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

[SIGNATURES ON NEXT PAGE]

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DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 6

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ZECO, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

[***TWO SIGNATURES ARE ONLY REQUIRED FOR CORPORATIONS; IF SUPPLIER IS NOT A CORPORATION, DELETE SECOND SIGNATURE AND DATE LINE***]

By Date
Signature

By

Date

Signature
(2nd signature required for Corporations)

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL: Date: Item No.

APPROVED AS TO FORM: ATTEST:

By

By

City Attorney City Clerk

APPROVED:

By Date
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 7
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

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DEMUTH PARK DEVELOPMENT - CITY PROJECT 21-16
PART VI – AGREEMENT DOCUMENTS
AGREEMENT FORM – PAGE 8

EXHIBIT “B”

LETTER OF ASSENT

A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]

CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Re: Community Workforce Agreement – Letter of Assent
City Project No. 21-16

Dear Sir/Madame:

This is to confirm that
ZECO, INC. agrees to be part to and bound by the City of Palm Springs Community Workforce Agreement effective Month Day, Year, as such Agreement may, from time to time by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely,

[Name of Construction Company]

By: [ ]
Name and Title of Authorized Executive

Contractor State License No.:

Business Address:

Business Phone:

Cc: San Bernardino/Riverside Counties Building and Construction Trades Council AFL- CIO

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Attachment C
Contractors Bid Documents

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No. Bid Description QTY UOM Contractor Pricing
1A Mobilization 1 LS $160,000.00
2A Stormwater And Non-Stormwater Pollution Control 1 LS $35,000.00 3A Clearing And Grubbing 1 LS $220,000.00
4A Construction Surveying and Staking 1 LS $33,000.00
5A Temporary Traffic Control 1 LS $12,000.00
6A Tree Removal 4 EA $7,800.00
7A Tree Preservation 30 EA $22,500.00
8A Remove Existing Water Fountain 1 EA $5,000.00
9A Install 2" Water Tee 1 EA $2,500.00
10 A Install 2" Copper Potable Water Service Lateral 426 LF $85,200.00 11 A Install 22.5 Degree Bend 1 EA $350.00
12 A Install 45 Degree Bend 2 EA $700.00
13 A Install Drinking Fountains 3 EA $33,000.00
14 A Install Quick Coupler Valve 2 EA $1,700.00
15 A Install Gate Valve 2 EA $5,000.00
16 A Remove Existing Gate 22 LF $1,100.00
17 A Remove Existing Fence 1,650 LF $6,600.00
18 A Remove Site Improvements 1 LS $50,000.00
19 A Remove Existing Landscape and Irrigation 7,390 SF $7,390.00 20 A Sawcut and Remove Existing Curb and Gutter 280 LF $4,760.00 21 A Sawcut and Remove Asphalt Concrete 4,595 SF $27,570.00 22 A Sawcut and Remove Existing Sidewalk 120 SF $6,000.00 23 A Construct PCC Sidewalk (4" Thick) 18,318 SF $164,862.00 24 A Construct 4" AC Pavement 1,500 TON $232,500.00
25 A Construct 6" Concrete Curb 4,080 LF $134,640.00
26 A Construct Curb Ramp, Including Truncated Domes 4 EA $10,000.00 27 A Construct 8" Thick Concrete Cross Gutter 6,700 SF $100,500.00 28 A Construct Curb Inlet 2 EA $14,000.00
29 A Install 18" Reinforced Concrete Pipe 70 LF $33,600.00 30 A Install Rip-Rap 15 CY $5,700.00
31 A Construct Flared Headwall 2 EA $4,600.00
32 A Construct Class ll Aggregate Base 1,020 CY $100,980.00 33 A Trash Enclosure 1 LS $35,000.00
34 A Construct Concrete Trash Enclosure Approach 1,000 SF $18,000.00 35 A Install High Net Fencing 1 LS $175,000.00
36 A Install Signing and Striping 1 LS $29,000.00
37 A Unclassified Excavation (*F = Final Pay Item) 2,750 CY $145,750.00 38 A Install 6' Height Chainlink Fencing and Gates 65 LF $7,800.00 39 A Install 8' Height Perimeter Security Fencing and Gates 828 LF $78,660.00 40 A Install 8' Single Pedestrain Gate 4 EA $15,200.00
41 A Install 8' Maintenance Gate 1 EA $4,900.00
42 A Benches 8 EA $25,600.00
43 A Concrete Seat Wall 230 LF $98,900.00
44 A Table with Chairs 10 EA $70,500.00
45 A Trash Receptacles 3 EA $8,550.00
46 A Dog Waste Station 3 EA $2,250.00
47 A Shade Structures (Mariner Hexagon) 5 EA $260,000.00 48 A Shade Structures (Install) 1 LS $188,000.00
49 A Concrete Header Curb 1,030 LF $33,990.00
50 A 24" Box Tree 91 EA $38,675.00
51 A 5 Gallon Shrub 920 EA $30,360.00
52 A Boulder 39 EA $18,525.00
53 A Decomposed Granite 49,680 SF $149,040.00
54 A Sod 23,099 SF $32,107.61
55 A Root Barrier 2,485 LF $27,335.00
56 A Turf Seeding 3,160 SF $3,160.00
57 A Irrigation System (Overhead Spray and Drip Irrigation) 49,000 SF $157,290.00 Bid Results for City Project 21-16, Demuth Park Improvements Contractor: Zeco, Inc.

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No. Bid Description QTY UOM Contractor Pricing
58 A 120 Day Maintenance Period for Landscape areas 1 LS $20,000.00 59 A Signage (Regulatory/Informational) 7 EA $3,850.00
60 A Pedestrian Lighting -Single Luminaire Poles (Poles, Fixtures, Foundations and Install) 30 EA $300,000.00 61 A Parking Lot Lighting-Single Luminaire (Poles, Fixtures, Foundation, and install) 24 EA $240,000.00 62 A Parking Lot Lighting- Double Luminaire Poles (Poles, Fixtures Foundations and install ) 14 EA $126,000.00 63 A 2" PVC Conduit (trench) 4,040 LF $133,320.00
64 A Lighting Conductors (#12) 14,355 LF $57,420.00
65 A #3 1/2 Pull Box, Traffic-Rated 72 EA $122,400.00
66 A #6 Pull Box, Traffic-Rated 2 EA $4,400.00
67 A Control Panel/Service Connection 3 EA $10,500.00
68 A Field Allowance 1 FA $350,000.00
$4,550,034.61
69 B Mobilization 1 LS $55,000.00
70 B Clearing and Grubbing 1 LS $85,000.00
71 B Construction Surveying and Staking 1 LS $20,000.00 72 B Install 2" Copper Potable Water Service Lateral 234 LF $23,400.00 73 B Install 2" Water Tee 1 EA $2,500.00
74 B Install Backflow Device 1 EA $20,000.00
75 B Install Water Meter 1 EA $15,000.00
76 B Install 90 Degree Bend 1 EA $1,000.00
77 B Install Sewer Lateral Saddle Connection 1 EA $1,000.00 78 B Install 6" VCP Sewer Pipe 37 LF $12,950.00
79 B Install 11.25 Degree VCP Bend 1 EA $1,000.00
80 B Install 45 Degree VCP Bend 1 EA $1,000.00
81 B Sawcut and Remove Existing Curb/Curb and Gutter 20 LF $300.00 82 B Sawcut and Remove Asphalt Concrete 50 SF $2,000.00 83 B Remove Existing Landscape/Vegetation 10,990 SF $8,792.00 84 B Remove Existing Water Fountains 12 EA $6,000.00
85 B Sawcut and Remove Concrete Sidewalk 220 SF $4,400.00 86 B Remove Catch Basin 1 EA $1,500.00
87 B Construct Bathroom 1 EA $490,000.00
88 B Construct PCC Sidewalk (4" thick) 2,460 SF $21,894.00 89 B Construct Curb Ramp, Including Truncated Domes 3 EA $8,400.00 90 B Construct Curb Inlet 2 EA $17,000.00
91 B Construct 6" Concrete Curb 80 LF $3,440.00
92 B Construct 4" Thick Concrete Pad 240 SF $2,400.00
93 B Unclassified Excavation (*F = Final Pay Item) 110 CY $7,150.00 94 B Install Drinking Fountains 8 EA $84,000.00
95 B Install 1" Service Line Connection 120 LF $3,000.00 96 B Constuct Stormchamber 2 EA $130,000.00
97 B Install Signing and Striping 1 LS $7,500.00
98 B Furnish and Install Infield Dirt 1,750 SF $7,000.00 99 B Decomposed Granite 5,700 SF $17,328.00
100 B Remove Existing Grass 5,700 SF $5,700.00
$1,065,654.00
101 C Mobilization 1 LS $50,000.00
102 C Clearing And Grubbing 1 LS $50,000.00
103 C Construction Surveying and Staking 1 LS $2,500.00 104 C Remove Existing Landscape/Vegetation and Irrigation 1,730 LF $10,380.00 105 C Sawcut and Remove Existing Curb/Curb and Gutter 1,080 LF $16,200.00 106 C Sawcut and Remove AC 50,350 SF $153,567.50
107 C Sawcut and Remove Existing Curb Ramp 370 SF $3,700.00 108 C Remove Existing Cross Gutter 600 SF $6,000.00
109 C Construct Curb Ramp 2 EA $10,000.00
110 C Construct 4" AC Pavement 1,260 TON $176,400.00
111 C Construct 8" Thick Cross Gutter 3,550 SF $50,055.00 112 C Trash Enclosure 1 LS $35,000.00
113 C Construct Concrete Trash Enclosure Approach 1,000 SF $16,000.00 114 C Install Signing and Striping 1 LS $20,000.00
115 C Construct 6" Concrete Curb 1,120 LF $36,176.00

BID SCHEDULE A SUBTOTAL

BID SCHEDULE B SUBTOTAL

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No. Bid Description QTY UOM Contractor Pricing
116 C Construct Curb/Curb & Gutter 40 LF $2,168.00
117 C Install 18" Reinforced Concrete Pipe 52 LF $13,000.00 118 C Construct Flared Headwall 1 EA $5,000.00
119 C Install Rip-Rap 8 CY $8,000.00
120 C Unclassified Excavation (*F = Final Pay Item) 1,900 CY $102,600.00 121 C Construct Class ll Aggregate Base 935 CY $93,500.00 122 C Decomposed Granite 3,320 SF $10,126.00
123 C Turf Seeding 2,141 SF $2,569.20
124 C Install 3" Irrigation Line 190 LF $1,520.00
$874,461.70BID SCHEDULE C SUBTOTAL
TOTAL OF ALL BID SCHEDULES $6,490,150.31

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 CONSENT CALENDAR
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25Q465

WITH ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC

FOR AIRPORT PROGRAM MANAGEMENT AND ADVISORY

CONSULTING SERVICES FOR THE AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will award professional services agreements with Accenture Infrastructure and Capital Projects, LLC for Airport Program Management and Advisory Consulting Services for an amount not to exceed $6,000,000 for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Professional Services Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC to provide Airport Program Management and Advisory Consulting Services for an amount not to exceed $6,000,000 for an initial three-year term commencing on January 29, 2026, and continuing through January 28, 2029, for an amount not to exceed $6,000,000; with two one-year extension options at the City’s sole discretion.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) submitted in November 2025, Accenture Infrastructure and Capital Projects, LLC is registered in the state of California.

BACKGROUND:

The Airport requires as-needed/on-call program management and advisory consulting services for a variety of future capital improvement projects. The full extent of required

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City Council Staff Report
January 28, 2026 -- Page 2
Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC services is not known at the present time; however, generally the Airport anticipates the need for consulting services to support the capital improvement program budgeted projects.

The Airport is a small hub airport serving roughly 3.2 million annual passengers in 2024 and supports nine resort cities in the Coachella Valley. The Airport has 980 acres that includes the following:
Approximately 57 buildings
The Wexler designed terminal building that is listed as a Class 1 asset on the National Register of Historic Places
Two open-air concourses with a total of 18 gates
Two parallel runways:

1. 13R/31L is a 10,000 foot runway that serves commercial traffic

2. 13L/31R is a 5,100 foot runway that serves light general aviation aircraft 10 commercial airlines nonstop to 32 North American airports, one-stop to 300+ global cities
The Airport is completing a comprehensive Master Plan process which anticipates nearly $2.2 billion in capital improvements over the next 5-20 years. The Airport is expecting to double its growth over the 20-year planning horizon.

Short-term capital development plans include the expansion of the main terminal, replacement of the outbound Baggage Handling System (BHS) and construction of a consolidated rental car facility.

Medium-term capital development plans also include expansion of the main terminal and a north concourse expansion which would add seven gates and a Federal Inspection Station (FIS), expansion and relocation of public parking and employee parking areas, and airfield improvements including potential reconstruction of the primary commercial runway, the addition of Remain Overnight (RON) parking, and relocation of a Fixed Base Operator.

Due to the potential scale, number of concurrent projects, and operational complexity, the Airport seeks to engage a Program Management & Advisory Services consulting team with airport-specific expertise and specialty technical services to assist with the development and oversight of the mega-program delivery. This approach is standard practice at peer airports of similar size facing large capital programs.

On January 21, 2026, Accenture Infrastructure and Capital Projects, LLC is scheduled to present (Attachment C) to the Airport Commission. Due to the timing of the Commission meeting relative to the City Council agenda cycle, the staff report reflects staff’s recommendation independent of the Commission’s discussion.

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City Council Staff Report
January 28, 2026 -- Page 3
Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC STAFF ANALYSIS:

The Aviation Department worked with the Procurement and Contracting Department to issue a Request for Qualifications No. 21-25 (RFQ) to find a firm for the needed services.

The RFQ was advertised in the local newspaper, published on the PlanetBids website with notification to 430 registered vendors, and 366 vendors through Bid Broadcast. This extended outreach resulted in 26 attendees at the Pre-Qualification Conference on October 14, 2025, and the submission of 6 Statements of Qualifications (SOQs) for Airport Program Management and Advisory Consulting Services for the Airport.

The following firms submitted SOQs for consideration by the November 3, 2025, deadline. 3D Built – Los Angeles, CA
Accenture Infrastructure and Capital Projects, LLC – Palm Desert, CA Hill International, Inc. – Irvine, CA
M2P Consulting, Inc. – New York, NY
Paslay Management Group, LLC – Fort Worth, TX (Non-Responsive) STV Construction, Inc. – New York, NY
An evaluation committee consisting of City staff from the Aviation Department, a representative from Daley Strategies, and a consultant from InterVISTAS Consulting USA LLC, the Airport’s on-call planning firm that assisted with preparing the scope of work for this agreement, reviewed and scored the statements of qualifications received against published criteria in the RFQ. Criteria included the firm’s experience, the staff experience, the understanding of the scope of work, and references of similar projects. Based on the review of the statements of qualifications, interview and scoring, the evaluation committee recommended that the City enter into financial negotiations with the highest scoring firm.

Accenture Infrastructure and Capital Projects, LLC (Accenture) was ranked the highest by the evaluation team. Staff were successful throughout the financial negotiation process and estimate a cost savings of $183,306.53 through the hourly rate reductions secured and is recommending award of the contract.

After reviewing the hourly rates submitted by Accenture and the projected project costs of the ten projects included in the Airport’s Planned and Ongoing Projects for 2026–2030 (Attachment D), which may be considered for management and advisory services by Accenture, staff determined that a contract amount not to exceed $6,000,000 would be required to sufficiently fund the three-year contract.

Accenture has been providing professional Airport Program Management and Advisory Consulting Services to over 25 small, medium, and large hub airports throughout the United States since 2005. Among these, there are the following airports:

Des Moines International Airport (DSM) / Project Value: $580 Million / Project Dates:
2021 – Present
Des Moines International Airport is a small hub airport experiencing passenger volumes

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City Council Staff Report
January 28, 2026 -- Page 4
Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC beyond original forecasts and has launched a $580 million program to replace its aging terminal infrastructure, modernize facilities, and expand capacity to meet future demand.

Sacramento International Airport (SMF) / Project Value: $1.3 Billion / Project Dates:
2019 – Present
Sacramento International Airport has experienced rapid growth that is outpacing airside and landside capacity. In response, SMF is expanding and modernizing its facilities, including gate expansions, an expanded baggage system, a pedestrian bridge, Consolidated Rental Car Facilities, and a new parking garage.

Orlando International Airport (MCO) & Orlando Executive Airport / Project Value:
$5 Billion / Project Dates: 2002 – Present
The Orlando International Airport and Orlando Executive Airport required compliance support for its Capital Improvement Program to ensure conformance with internal standards and Federal Aviation Administration and Transportation Security Administration regulations, while securing and properly administering all available external funding. Projects have included new airside and landside terminals, rehabilitation and expansion of existing facilities, construction of a new intermodal station, parking facilities, Consolidated Rental Car Facilities, roadways, and infrastructure.

Palm Springs International Airport is seeking professional Airport Program Management and Advisory Consulting Services to ensure the success of the Airport’s estimated $2.2 billion capital program. The complexity of the need is illustrated in the Airport’s Planned and Ongoing Projects 2026 - 2030 (Attachment D), which reflects overlapping timelines, diverse project scopes, and a sustained capital workload requiring coordinated, program- level oversight. Due to the on-call/as-needed basis of the proposed Agreement the scope of services will vary, depending upon the number and type of projects assigned by the Airport. The on-call, task-based services will include the following:
Program Strategy and Management Services
Program Scheduling
Oversight and Budget Control
Document Controls Design Management
Preconstruction Facilitation
Project Management
Advisory Services
Oversight of a Program Management/Construction Management Team responsible for key projects (if needed)
The Airport Program Management and Advisory Consulting Services will ensure efficient and effective project delivery, regulatory compliance, stakeholder coordination, and strategic alignment with the Airport’s long-term growth objectives by providing program- level oversight, advisory, and integration services. Individual projects will continue to have

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City Council Staff Report
January 28, 2026 -- Page 5
Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC separate designers, contractors, and construction management firms, making it clear that Accenture Infrastructure and Capital Projects, LLC’s work is complementary rather than duplicative.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities and Economic Development, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Infrastructure.

FISCAL IMPACT:

Funding of $400,000 is budgeted in Fiscal Year 2025-26 and in Fiscal Year 2026-27 in the Department of Aviation Administration Contractual Services Account 4157020-40105.

The estimated fees for Airport Program Management and Advisory Consulting Services are included within the budgets for each of the projects listed in the Airport’s Planned and Ongoing Projects for 2026–2030 (Attachment D) in the Department of Aviation Airport Capital Projects Account 4167065-80000.

If Airport staff determines that additional funding is necessary for Fiscal Years 2025-26 and 2026-27, staff will seek City Council’s approval for an appropriation of funds to increase the budget for Account 4157020-40105. Sufficient funds will be budgeted for Fiscal Years 2027-28, 2028-29, and 2029-30.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Procurement & Contracting Manager: Tabitha Richards
Director of Finance & Treasurer: Kristopher J. Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles

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City Council Staff Report
January 28, 2026 -- Page 6
Agreement No. 25Q465 with Accenture Infrastructure and Capital Projects, LLC ATTACHMENTS:

A. Professional Services Agreement 25Q465
B. Public Integrity Disclosure Form
C. Presentation
D. Airport’s Planned and Ongoing Projects 2026 - 2030

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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 25Q465

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PROFESSIONAL SERVICES AGREEMENT 25Q465

AIRPORT PROGRAM MANAGEMENT AND ADVISORY CONSULTING

SERVICES

This Professional Services Agreement (“Agreement”) is entered into this 29 th day of January 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Accenture Infrastructure and Capital Projects, LLC, a Limited Liability Company in California, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”

RECITALS

A. City requires the services of a qualified firm, for airport program management and advisory consulting services (“Project”).

B. Consultant has submitted to Cit y a proposal to provide airport program management and advisory consulting services, to City under the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Consultant to provide such professional services.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contempl ated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Qualifications; and (4) the Consultant’s signed, original statement of qualifications submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Qualifications and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement.

The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of

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Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Qualifications; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Six Million Dollars ($6,000,000) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services perform ed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during

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the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on the Effective Date, and ending on January 28 , 2029 , unless extended by mutual written agreement of the Parties. The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period. However, the term shall not exceed five years from the Effective Date , with two one -year options to extend, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.

3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.

Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

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3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstandi ng the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:

Catherine Cronin, Managing Director - Aviation. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing princ ipal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operatio n of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consul tant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement

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may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s office rs, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any

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failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sec tions 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or em ployees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two- million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

X required
is not required;

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

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(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreem ent. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later . In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as ev idence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

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5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and as sumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with sub consultants and others engaged i n the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration

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of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).

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C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificat es of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Inde mnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

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7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use.

Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.

Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally acc epted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

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8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

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8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceedi ng. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of thi s Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading , demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

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10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: Accenture Infrastructure and Capital Projects, LLC

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Attention: Catherine Cronin
500 W. Madison St.

Chicago, IL 60661
Telephone: (908) 868-9986

10.3 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), at tached hereto and incorporated herein by

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reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

10.11 Federal Provisions. Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control .

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN

THE CITY OF PALM SPRINGS AND ACCENTURE INFRASTRUCTURE AND CAPITAL

PROJECTS, LLC

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT:

By: ______________________________ By: _______________________________ Signature Signature

Date: __ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No.

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APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager –up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES

1.1. Background:

A. Palm Springs International Airport (PSP) is seeking professional Airport Program Management and Advisory (PM&A) consulting services to ensure the success of PSP’s $2.2 billion (estimated) large capital program. The work is expected to include program stra tegy and management services, program scheduling, oversight and budget control, document controls design management, preconstruction facilitation, project management, advisory services and, if needed, oversight of a Program Management/Construction Management Team responsible for key projects. This engagement will ensure efficient and effective project delivery, regulatory compliance, stakeholder coordination, and strategic alignment with PSP’s long-term growth objectives.

B. Owned and operated by the City of Palm Springs, California, PSP is a small hub airport serving roughly 3.3 million annual passengers and supports nine resort cities in the Coachella Valley in Southern California. With 980 acres, PSP is located in the heart of the City of Palm Springs. The complex consists of a Wexler designed terminal building listed on as a Class 1 asset on the National Register of Historic Places, which feeds two open-air concourses with a total of 18 gates. PSP has two parallel runways; 13R/31L is a 10,000-foot runway that serves commercial traffic, while 13L/31R is a 5,100- foot runway serving light general aviation aircraft. PSP has 13 tenant airlines serving over 40 non -stop destinations across the U.S. and from pre-clearance cities in Canada.

C. PSP is completing a comprehensive Master Plan process which contemplates nearly $2 billion in capital improvements over the next 15-20 years. The airport is expecting to double its growth over the 20-year planning horizon. Short-term capital development pl ans include the expansion of the main terminal and replacement of the outbound Baggage Handling System (BHS) and construction of a consolidated rental car facility. Medium term capital development plans include expansion of the main terminal and a north concourse expansion (deemed Phase 1) which would add seven (7) gates and an Federal Inspection Station (FIS), expansion and relocation of public parking and employee parking areas, and airfield improvements including potential reconstruction of the primary c ommercial runway, the addition of Remain Overnight (RON) parking, and relocation of a Fixed Base Operator.

D. Due to the potential scale, number of concurrent projects, and operational complexity, PSP seeks to engage a Program Management & Advisory Services consulting team with airport specific expertise and specialty technical services to assist with the developm ent and oversight of the CIP. The consultant must demonstrate significant experience in leadership and management of airport integrated capital improvement programs that involve construction and/or rehabilitation.

1.2. Scope:

A. Consultant shall establish an office in Palm Springs and at a minimum the project manager(s) should reside in or near Palm Springs in order to be available and

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responsive to the airport for the term of the agreement. Consultant shall establish residency within 70 miles of PSP within 45 days of contract signing B. Deliverables and Anticipated Work

1. Programming Strategy and Management Services
a. Provide high- level management and coordination for the PSP capital improvement program, ensuring alignment with PSPs Master Plan and Strategic vision.
b. Assist with briefing municipal and state elected bodies and providing program updates.
c. Imbed as needed/requested with PSP Executive Staff and provide expert guidance on airport expansion, modernization and infrastructure planning. d. Support PSP in change management and provide partnering as required for each of the major program elements.
e. Support PSP’s development goals and initiatives through the provision of technical advisory services, engagement with internal and external stakeholders, and other as -needed services related to PSP’s capital improvement programs.
f. Assess opportunities for revenue development and assist in identifying strategies for project funding.
g. Organizational Advisory Services

2. Organizational Advisory Services
a. Assist with conducting organizational structure assessments as the airport evolves including airport benchmarking, providing recommendations for optimized staffing levels and processes, and compensation and pay analysis. b. Assist PSP in defining the CIP program team, structure, project delivery strategy and project delivery executive plan for the program. c. Assess PSP’s situation including capabilities, constraints, and priorities to understand the situation and advise on implementing plans. d. Provide advice to PSP Executive team concerning revenue generating strategies and opportunities.

3. Program Oversight and Reporting
a. Evaluate, develop and implement operational controls for managing large capital projects, as needed.
b. Provide program oversight and reporting that may include development and implementation of operational controls for managing capital projects, development and management of capital project performance metrics as it relates to costs, schedule, scope, document control, contract administration and project status.
c. Develop and assist in the tracking and management of project performance. d. Assist in the development and maintenance of a master schedule to show all program activities, sequencing, durations, dependencies/relationships, key

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milestones, and conflicts and provide input on corrective action plans as necessary.
e. Monitor program/project performance and identify areas of concern, scheduling, activity delays, conflicts and provide input on corrective action plans as necessary.
f. Generate reports as near real -time as possible to allow for planning and execution of corrective actions in a timely manner.
g. Provide assistance with planning and design, review of plans and project progress, preconstruction services facilitation, funding programming recommendations, purchasing and integration, and procurement support. h. Assist in the development of processes and procedures to implement a successful Operational Readiness, Activation, and Transfer (ORAT) program.

4. Stakeholder Coordination
a. Act as a liaison between PSP leadership, consultants, airlines, regulatory agencies, and other stakeholders.
b. Facilitate meetings, workshops, and progress reports and provide presentations to keep all parties informed and apprise of the best available information.

5. Contract and Funding Compliance:
a. Conduct process compliance review and agreement administration services related to review of invoices, administration of change orders, agreement modifications, and project documentation.
b. Provide quality assurance assistance in the administration of construction agreements.
c. Provide audits of construction agreements for financial elements such as allowable costs, verification of overhead, profit markups on change orders, and supporting documentation for claimed costs.
d. Assist in determining funding eligibility and implement a system for tracking, validating, and partitioning eligible project expenses based on funding sources.
e. Ensure contract compliance with FAA, TSA, and other relevant regulatory agencies.
f. Conduct risk assessments, develop mitigation strategies and provide guidance on issues related to safety management systems, security and emergency preparedness measures in project execution.

6. Specifications
a. The Contractor shall provide a variety of support services for the Executive Team at PSP in the area of Program Management and Advisory Services. b. Assignments will be developed individually on a task order basis, by PSP in conjunction with the selected Consulting Team, when and if consulting services are required.

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7. Personnel
a. Key staff shall be defined as:
i. Project Manager
ii. Scheduler
iii. Design Manager

b. Each key staff member assembled on the proposed team shall have at least 10 years of demonstrated experience in any/all of the areas indicated: scheduling, design of architectural or civil projects, project controls, and/or contract management.
c. Consultant shall identify and provide a detailed resume for the proposed project manager for this assignment, including full work history, special qualifications and demonstrated experience.

Experience working at a commercial airport in an operational publ ic environment on multi-phase construction projects is requested. d. Consultant shall identify all personnel assigned to work on the assignment through the life of the program, including key and non-key personnel.
e. Consultant shall obtain PSP approval for key personnel changes from the PSP executive team throughout the life of the contract and newly assigned key personnel will be required to meet the above requirements.

1.3. Schedule:

Work will commence on the issuance of a Notice to Proceeds and all work shall be completed by the end of the contract term.

1.4. Compensation:

Work will be compensated on an hourly rate basis in accordance with individually approved project specific proposals resulting in the issuance of purchase orders. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

Consultant shall be compensated on an hourly rate basis in accordance with individually approved proposals resulting in the issuance of purchase orders by project assignment for a total contract amount not to exceed $6,000,000.

Ye a r Staff/ E x pense Un it Bill Rate
1 Ke y S t a f f
1 M ichelle Brantly, PM P, C C M ( Project Manager) Hourly $ 300.00 1 Igor Cosic (Scheduler) Hourly $ 225.00
1 D arry l M cD onald (D esign M anager) Hourly $ 315.00

A s Needed Support Staff
1 Catherine Cronin (PIC) Hourly $ 350.00
1 M itchell A rciaga, PM P (Project Controls) Hourly $ 268.00 1 K enny Casados (Preconstruction/Construction) Hourly $ 175.00 1 Dean Fojo, PE ( Funding/Compliance) Hourly $ 250.00 1 A div al M agri, PhD (D esign/Orat) Hourly $ 237.51 1 Stephanie Sampson (Stakeholder L iaison) Hourly $ 197.00 1 Cassie K rautsack (R CC SM E ) Hourly $ 280.00
1 D an M alloy (T erminal SM E ) Hourly $ 350.00

If the City exercising its option to extend, the above hourly rates may be adjusted (decreased or increased) at the beginning of any such renewal period to on the annual anniversary of the Effective Date to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside- San Bernardino-Ontario Areas.

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EXHIBIT “C”

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EXHIBIT “D”
FEDERAL AVIATION ADMINISTRATION – FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.

FAA - 01 Access to Records and Reports 2
FAA – 02 Breach of Contract Terms 3
FAA – 03 Buy American Preference * 4
FAA – 04 Civil Rights General 5
FAA – 05 Civil Rights – Title VI Assurances * 6
FAA – 06 Clean Air and Water Pollution Control 9
FAA – 07 Contract Work Hours and Safety Standards Act
Requirements
10 FAA – 08 Copeland Anti-Kickback Act 12
FAA – 09 Davis Bacon Requirements 13
FAA – 10 Debarment and Suspension * 20
FAA – 11 Disadvantaged Business Enterprise * 21
FAA – 12 Distracted Driving 22
FAA – 13 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
23 FAA – 14 Drug Free Workplace Requirements (not applicable to Contractors)
24 FAA – 15 Federal Fair Labor Standards Act * 25
FAA – 16 Lobbying and Influencing Federal Employees 26
FAA – 17 Occupational Safety and Health Act of 1970 27
FAA – 18 Procurement of Recovered Materials * 28
FAA – 19 Right to Inventions 29
FAA – 20 Seismic Safety 30
FAA – 21 Tax Delinquency and Felony Convictions* 31
FAA – 22 Termination of Contract 32
FAA – 23 Trade Restriction Certification (Foreign) * 33 FAA – 24 Veteran’s Preference 35
FAA – 25 Domestic Preferences for Procurements * 36
FAA – 26 Prohibition of Covered Unmanned Aircraft Systems (UAS)
37 *Solicitation Clause also
Updated 01.12.2026

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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38

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FAA – 02 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $350,000.

REQUIREMENT -
See Section 8.3 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)

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FAA – 03 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT –
The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. § 50101, BABA and other related Made in America Laws,2 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded project s are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

The bidder/offeror must complete the certification statement found in Section ___ of the ______ to be considered responsive.

Reference: Title 49 USC § 50101, Executive Order 14005

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FAA – 04 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

In addition to the above, the following clauses apply to specific contract types:

APPLICABILITY – required for all General Contract Agreements:

REQUIREMENT -
The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

APPLICABILITY – Lease Agreements
If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor.

The above provision obligates the Contractor for the period during which the property is owned, used or possessed by the Contractor and the airport remains obligated to the Federal Aviation Administration.

Reference: 49 USC § 47123

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FAA – 05 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR Part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments thereto;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§ 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 .U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (P.L. 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681, et seq).

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Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscri mination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusi ve possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such

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provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11

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FAA – 06 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251- 1387).

The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceed $150,000.

Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251

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FAA – 07 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.

Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

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The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix II(E); 29 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704

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FAA – 08 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or publ ic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.

Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part

3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5

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FAA – 09 Davis Bacon Requirements

APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141- 3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secret ary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits

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on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified f or each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modi fy, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized repr esentative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor

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shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding. The Federal Aviation Administration or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any othe r federally-assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as m ay be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall cont ain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis- Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor w ill submit the

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payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a )(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall pr ovide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contrac tor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor

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and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training

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Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved pr ogram for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated wit h the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices.

Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7.

Disputes within the meaning of this clause include disputes between the Contractor (or any

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of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR §

5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141-3144, 3146, and 3147

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FAA – 10 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non- procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP -funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

1. 1. Checking the System for Award Management at website: http://www.sam.gov.

2. 2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.

3. 3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689

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FAA – 11 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agr ees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

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FAA – 12 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).

REQUIREMENT -

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub- tier contracts exceeding $15 ,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10

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FAA – 13 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216

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FAA – 14 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug -free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

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FAA – 15 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.

All consultants, sub- consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.

REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for f ull and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430

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FAA – 16 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amend ment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a M ember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A

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FAA – 17 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recogni zed hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910

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FAA – 18 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA -designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)

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FAA – 19 Right to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professi onal service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non- profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include thi s requirement in all sub-tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

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FAA - 20 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services – any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A20.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as es tablished by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A20.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41

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FAA – 21 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the author ity responsible for collecting the tax liability.

2. The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117- 103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non- Procurement Regarding Tax Delinquency and Felony Convictions

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FAA – 22 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 3.2 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09

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FAA – 23 Trade Restriction Certification
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must requir e subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against

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U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 24 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub- tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan- Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)

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FAA – 25 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States ( including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

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FAA – 26 Prohibition of Covered Unmanned Aircraft Systems (UAS) APPLICABILITY – all AIP-funded contracts and lower tier contracts.

REQUIREMENT -
The Contractor certifies that they are aware of and comply with relevant Federal statutes and regulations, including those from the Federal Aviation Administration (FAA), for operating unmanned aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA Reauthorization Act of 2024 (Public Law 118- 63), section 936 (49 U.S.C. § 44801 note).

Contractor warrants that all UAS operations will be conducted in full compliance with all applicable Federal Aviation Administration (FAA) regulations, including but not limited to 14 CFR Part 107, and any other applicable local, state, or Federal laws and regulations.

Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract related to covered unmanned aircraft systems (UAS). This includes both procurement and operational contracts, as well as contracts with entities that operate such systems.

The term “Covered UAS” means a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and an unmanned aircraft detection s ystem or counter- UAS system that is manufactured or assembled by a covered foreign entity. These covered foreign entities include:
(a) The People’s Republic of China.
(b) The Russian Federation.
(c) The Islamic Republic of Iran.
(d) The Democratic People’s Republic of Korea.
(e) The Bolivarian Republic of Venezuela.
(f) The Republic of Cuba.
(g) Any other country the Secretary determines necessary.

Reference: FAA Reauthorization Act of 2024 (Public Law 118-63), Section 936 49 U.S.C. § 44801 note

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ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM
(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:

If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity  Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner
 Other
 Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner
 Other
 Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner
 Other
Accenture Infrastructure and Capital Projects, LLC
73710 Fred Waring Drive, Suite 132, Palm Desert, CA 92260 Same as #2
California
X
Adam Shaw X
Jason Leong X
Gary Cooley X

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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Accenture, LLP 100% ownership in Accenture Infrastructure and Capital Projects, LLC

11.03.25 Accenture LLP operates as a subsidiary of Accenture plc, a publicly traded company.

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ATTACHMENT C

ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC

PRESENTATION

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Infrastructure
& Capital Projects
US Airports

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Our Infrastructure and Capital Projects (I&CP), LLC team Project Management / Controls
Experienced Professionals
5000+
Skilled Capital Projects
Practitioners Globally
1000+
120+
Global clients
Our Acquisitions Our Ecosystem Partners
Recognition of Excellence
“Leader in Energy Transition and
New Utilities Business Models,
2024”
“Best Management
Consulting Firm”
“#6 on ENR’s Top 50 Program Management Firm”
“#7 on ENR’s Top 100 Professional Service Firm”
“#7 on ENR’s Top 100 Construction Management Firm”
Members

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Our I&CP , LLC Airports team
Our Airport Practice
100+
projects delivered, on time
and under budget
800+
Industry practitioners
globally
Our team is comprised of former airport owners, contractors, designers, and project/construction management professionals with a mix of both national and local aviation experience.

We bring a clear vision from the owner’s perspective of the day-to- day issues of running an airport.

For over 20 years, we have specialized in
providing financial and project
management oversight services to
airport clients across the United States.
>$15bn
Airport development
programs delivered
$20B +
National Aviation Capital
Program Portfolio
25 +
Airports & Authorities Served
Led by Aviation veterans, we are Funding and
Capital Delivery experts who help our clients'
visions become a reality.

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Airport Program Value
CLT $3.5B
LAX $14B
MCO $5B
PHX $2.7B
SLC $5.1B
SFO $11B
CMH $139M
CVG $202M
ONT $200M
PIT $1.7B
SAT $1.5B
SMF $1.3B
SNA $12M
DSM $750M
LGB $100M
MYR $130M
SYR $82M
We’ve Managed 25+ Small, Medium and Large Hub Airport Programs from $12M to $5B with lean teams led by industry experts

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We Provide End to End Capital Project Delivery
➢Strategic Advisory
• Organizational Readiness to Implement
• Operating Models & Governance
• Budget and Plan of Finance Development
➢Executive Project Management
• Project Delivery Methods and Procedures
• Funding & Compliance
• Program Phasing and Risk Management
• Project Execution Oversight
➢Traditional PM/CM
• Owner’s Representative / PM
• Design Management
• Construction Management
• Program Controls and Project Management Information Systems

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Supporting Capital Delivery in PSP’s Iconic Airport with Rich Community Involvement PSP
Program
Execution
Organizational
Readiness
Funding Plan
Governance &
Controls
Delivery Plan
& Master
Schedule
Delivery
Structure
Program
Definition
Assess organizational readiness to undertake program and plan for organizational change management
Review PSP’s governance and controls for projects and
revise/create if needed and develop reporting
Develop program definition by aligning the CIP , Master Plan, and Strategic Vision, rationalizing projects budgets and schedules
Assess funding needs, timing and available sources and provide funding plan Define delivery organization structure
Program Execution oversight resulting in on time, on budget delivery while ensuring compliance with all funding and regulatory requirements and ensuring stakeholder satisfaction.

Develop delivery plan and overall master schedule for the composite of projects in the CIP .

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Thank You Catherine Cronin
US Airports
Managing
Director
PSP Principal In
Charge
Michelle
Brantley
Senior Director
Airports
PSP Project
Manager

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ATTACHMENT D

AIRPORT'S PLANNED & ONGOING PROJECTS
2026 - 2030

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Airport's Planned and Ongoing Projects 2026 - 2030
Line Calendar Year 26 Calendar Year 27 Calendar Year 28 Calendar Year 29 Calendar Year 30 Item Project Name: Ql Q2 Q3 Q4 Ql Q2 Q3 Q4 Ql Q2 Q3 Q4 Ql Q2 Q3 Q4 Ql Q2 Q3 Q4 1 Hanger 18 Outfall Repair ($SOOK)
2 Breach Gate Construction ($4,200,000)
3 Escalator- Design and Construction ($1,300,000)
4 Bono & Courtyard Restroom Design & Construction $9.5M 5 Bus chargers and 3 battery electric buses ($4,300,000) 6 Auxiliary RAC Design &Construction ($1.125M + $15M) $16.125M 7 Baggage Handling System ($93.6M)
Auxiliary Federal Inspection Services - Design and Construction 8 $12M
9 land Acquisition ($13M)
10 Runway Rehab. Design & Construction ($3M+ $70M) $73M

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CITY COUNCIL STAFF REPORT
DATE: January 28, 2026 PUBLIC HEARING SUBJECT: AN APPLICATION BY JOAN AND GARY GAND FOR HISTORIC SITE DESIGNATION OF “THE FALLOWS-CONE RESIDENCE” LOCATED AT
765 VIA VADERA (APN 505-093-005), CASE HSPB #168 (SY)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
765 Via Vadera is a single-family residence completed in 1972, designed by local architect Tom Jakway in the Las Palmas neighborhood. Representative of the Late Modernist period of the 1970s, this home is associated with local individuals that are recognized for their contributions to the community in their professional roles, particularly Dr. Lawrence Cone. The current owners are pursuing historic designation to recognize the historical significance of the 1970s in Palm Springs. The period of significance for this home is 1971-1976. If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code (PSMC).

The Historic Site Preservation Board (HSPB) and staff evaluated the application in accordance with the historic designation ordinance and applicable state/federal regulations and determined it qualifies as a Class 1 (Landmark) historic site.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE FALLOWS-CONE RESIDENCE LOCATED AT 765 VIA VADERA, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #168, SUBJECT TO CONDITIONS (APN 505-093-005)”.

BACKGROUND AND SETTING:

The attached historic resources report, prepared by Susan Secoy Jensen (“the report”), and site visits are the basis of this staff report.

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City Council Staff Report
January 28, 2026 – Page 2
Historic Designation – The Fallows-Cone Residence
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

December, 2025 Site inspection by members of the HSPB and City Staff.

December 2, 2025 HSPB considered the application for designation at a public hearing recommending Class 1 designation.

Ownership Status
April, 2021 Purchased by current owners.

SOUTH FACING ELEVATION (REAR OF THE HOME) VIEWED FROM THE BACKYARD, 2025.

SUNFLAP, EXPOSED I-BEAM AND EXPANSIVE GLASS DETAILS OF THE HOME, 2025.

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City Council Staff Report
January 28, 2026 – Page 3
Historic Designation – The Fallows-Cone Residence
The historic site designation request is an owner-initiated request. During the HSPB review of the application on December 2, 2025, the current owners, the architect, and members of the community provided public comment in support of the designation request by offering local historical context related to the former owners of the property.

While staff initially recommended Class 2 designation, the HSPB made the findings based on the historic resources report and public testimony that the property also met criterion 2, thus, recommends Class 1 (Landmark) designation.

ANALYSIS AND FINDINGS:

The analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated December 2, 2025. Following the HSPB meeting, the applicant made relevant revisions to the Historic Resources Report. In order to be designated a historic landmark, a resource must exhibit exceptional historic significance and meet one or more of the criteria listed in PSMC Section 8.05.070.C.1.a. The Board made findings in support of Class 1 (Landmark) designation based on the following criteria:

PSMC 8.05.070, (C,1,Part a). The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state, or local history; (Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;
Pursuant to PSMC 8.05.070, (5,C,1,Part b); “Historic Integrity” the HSPB made findings that the Fallows-Cone Residence possesses sufficient historic integrity to qualify as a Class 1 (Landmark) historic site.

During the December 2, 2025 HSPB meeting, the Board expressed their support of the application for Class 1 designation based on the criteria with a 5-0 vote.

CONCLUSION:

The Fallows-Cone Residence meets the definition of a historic resource based on Criterion 2 and 3 of the Palm Springs Historic Preservation Ordinance and possesses integrity to qualify as a Class 1 (Landmark) site. The HSPB recommendation to the City Council reflects these findings which are outlined in the attached draft City Council resolution.

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City Council Staff Report
January 28, 2026 – Page 3
Historic Designation – The Fallows-Cone Residence

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City Council Staff Report
January 28, 2026 – Page 4
Historic Designation – The Fallows-Cone Residence
ENVIRONMENTAL ASSESSMENT:

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

NOTIFICATION:

Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property and notice was published in a newspaper of general circulation.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Vicinity Map.

B. Draft Resolution.

C. Application, related background materials, photos.

D. HSPB resolution, staff report, minute excerpt.

E. Public Comments

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ATTACHMENT A
(Vicinity Map)

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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #168 – The Fallows-Cone Residence
765 Via Vadera

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ATTACHMENT B
(Draft Resolution)

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RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DESIGNATING THE FALLOWS-CONE
RESIDENCE, LOCATED AT 765 VIA VADERA, AS A CLASS 1
(LANDMARK) HISTORIC RESOURCE HSPB #1 68, SUBJECT TO
CONDITIONS (APN 505-093-005).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and

B. WHEREAS, Joan and Gary Gand submitted an application seeking historic site designation of the Fallows-Cone Residence located at 765 Via Vadera; and

C. WHEREAS, on December 1 , 2025, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and

D. WHEREAS, on December 2, 2025, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #16 8 was held in accordance with applicable law; and

E. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted 5-0 to recommend that the Council designate The Fallows-Cone Residence a Class 1 (Landmark) historic resource; and

F. WHEREAS, on January 28 , 202 6, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #168 was held in accordance with applicable law; and

G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:

a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

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Resolution No.____